The Social Security Administration (SSA) is required to periodically review the case of every person who is receiving Social Security Disability (SSD) or Supplemental Security Income (SSI) disability benefits. This process is called a “continuing disability review” (CDR) and is intended to identify recipients who might no longer qualify as disabled. If, during a CDR, Social Security finds that your medical condition has improved enough so that you can work, your Social Security benefits will end. Some of these CDR’s are intended to identify fraud as well.
SSA has set aside $8,000,000 to conduct these reviews. Individuals may have been receiving benefits for many years and suddenly they get a notice from SSA. If your Social Security claim is up for review, the SSA will notify you by mail.
The form asks whether you have seen a doctor or been hospitalized in the past year, whether you have had any recent tests in the past year, such as EKGs, blood tests, or x-rays, and whether you have been working, among other things.
You are encouraged to submit any updated medical evidence to the SSA, although the SSA may also obtain this on their own. In general, the SSA will be reviewing the period of 12 months prior to the notice, although the agency can look at evidence from any time after you were initially granted benefits.
Assuming you haven’t returned to work, Social Security will first determine if there has been medical improvement in your condition. If the answer is no, the continuing disability review process is complete, and your benefits will not be affected.
If the answer is yes, the SSA will then decide if the medical improvement affects your ability (or inability) to work. If it does not, you will continue to receive benefits. But if the SSA comes to the conclusion that your condition has improved to the point where you can return to work, you will be notified that your benefit payments will stop and will be given the chance to appeal the decision (and only 10 days to have your benefits continued while you wait).
If the SSA feels that the evidence is insufficient to make a decision, or if there are inconsistencies between what you report and your medical evidence, you could be sent for a “consultative examination,” which is an examination by a doctor that is paid for by the SSA.
If Social Security decides to terminate your benefits because you are no longer disabled and are able to work, you can appeal the CDR decision. The first appeal is a hearing with a Hearing Officer, not a Judge. If the Hearing Officer finds you are no longer disabled, you can appeal a second time. This appeal will be a request for a more formal hearing with an Administrative Law Judge (ALJ). Again you can continue your benefits until the ALJ makes a decision. If the ALJ denies your claim you benefits will stop but you can appeal the decision to the Appeals Council or file a new claim.